SHRIPAT SINGH THAKUR Vs. STATE OF CHHATTISGAR

JUDGEMENT

(1.) The present appeal arises out of the impugned judgment of conviction and order of sentence dtd. 14/1/2003 passed by the learned Special Judge, SC and ST Act, Bastar at Jagdalpur (C.G.), in S.T. No. 292/2002 whereby, the learned Special Judge convicted the appellants and sentenced them as under :- <FRM>JUDGEMENT_43_LAWS(CHH)9_2023_1.html</FRM>

(2.) Brief facts of the case are that complainant Ganraj Singh Netam, a member of Scheduled Caste, was posted at Aamabeda range as an Assistant Forest Ranger. On 2/10/2001, on the instructions of Forest Range Officer, Ganraj Singh Netam had gone at Range No. P/353 for checking along with forest guard Mardan Singh and forest Safety workers Duvaru Ram, Ramsay and Jhadu Ram and saw about 100 labourers were working for road construction by extracting soil within the forest areas. He stopped the work and came to the range office with the labourers and their equipment. Further, the case of prosecution is that at about 3:30 pm, the appellant/accused persons reached at Reserved Forest Range and shouted with filthy language on which the complainant said that he asked to stop the work as the alleged land is forest land, the accused Jitendra caught hold the hand of complainant Ganraj Singh Netam, used filthy language and assaulted to the complainant on his back of shoulder with the help of Tendu Stick. Forest guard Mandavi, Duvaru and Jhadu Ram intervened. Ganraj Singh Netam returned to the forest range and registered forest Crime No. 69879 dtd. 2/10/2001 and gave written report to the Range Officer on his return and also submitted the written report to J.M.F.C., Kanker. Thereafter, the Forest Range Officer sent the written report to Aamabeda police station, which was registered as Rojnamcha Sanha No. 70. The complainant was sent for medical examination and a medical report was given vide Ex.-P-4(A) by the doctor. On 16/10/2001, FIR was registered vide Ex.-P-3. During the course of the investigation, spot map was prepared vide Ex.-P-5. Statements of the witnesses were recorded and after completion of the investigation, charge sheet was filed against the appellants.

(3.) So as to hold the accused/appellants guilty, the prosecution has examined as many as 6 witnesses. The statement of the accused/appellants were also recorded under Sec. 313 of the Cr.P.C. in which they denied the circumstances appearing against them and pleaded innocence and false implication in the case. The appellants have adduced one witness in their defence.